Vessels in question, and also that the Tonnage and the general Description of the Vessel shall henceforth be inserted in the Copy of the Condemnation, as it is issued from the Registry. 1813. 9 Aug. I am, &c.. GEO. HARRISON. GOVERNOR MACQUARIE TO EARL BATHURST. (Despatch* marked "No. 8 of 1813," per whaler Phoenix.) My Lord, Sydney, N. S. Wales, 14 Aug., 1813. 14 Aug. misconduct. It is with much reluctance I address you on a Subject so Reluctance in repugnant to my own feelings as that of preferring a Complaint reporting Case's against an Officer in His Majesty's Service, but as the Administration of my Government has been for some time past much insulted, the Commerce of the Colony violently obstructed, and the personal freedom of H.M.'s Subjects in this Territory most tyrannically trampled upon by Capt. Case, Commanding His Majesty's Sloop of War, Samarang, I should be Guilty of Injustice to the Honor of H.M.'s Service and to myself were I not to bring that Gentleman's Conduct fully in review before your Lordship. transmitted to In order to make your Lordship acquainted with the Line of Report Conduct pursued by Captain Case since his Arrival in Sydney the admiralty. Cove in November last, I do myself the honor to enclose herewith for your Lordship's perusal, a Letter under a flying Sealt which I have found myself under the painful necessity of addressing to the Secretary of the Board of Admiralty to be by him submitted to the Lords Commissioners of that Board, complaining of the insulting, arbitrary, and oppressive measures pursued by Captain Case. When Your Lordship shall have perused that letter and accompanying Documents, I request Your Lordship will give directions for their being forwarded to the Secretary of the Lords of the Admiralty for the purpose of being laid before their Lordships. That Letter and the Documents accompanying it will give Your Lordship an Outline of Capt. Case's Conduct to that Date. I have now to inform your Lordship that Captain Case has been since Guilty of a most flagrant insult to my Authority and of oppression to the Shipping and Commercial Interests of this Port, which I shall briefly relate. Governor On Sunday last the 8th Inst., a Colonial Vessel called the Seizure of the Governor Macquarie belonging to Mr. Garnham Blaxcell, a Macquarie by Merchant of Sydney, after having been regularly cleared out Case's orders. by my Authority to proceed on a Voyage to Otaheite, was repeatedly fired at by the orders of Capt. Case, and finally when under weigh was seized and detained by an Officer and Party 1813. 14 Aug. with Case. of armed Men from the Samarang and is at this present time lying at anchor in Sydney Cove. The Circumstances of this occurrence are fully detailed in the Accompanying Affidavit made by the Assistant Naval Officer, who was on board this Vessel in the Execution of his Duty when Captain Case sent Correspondence one of his Lieutenants with an armed Boat to seize her. On the Spur of the Occasion (tho' it was Sunday) I addressed a Letter to Captain Case, a Copy of which, with the Copies of his answer and my Reply I enclose herewith for your Lordship's Case's attempt Consideration. The Letter of Captain Case renders it evident that He means to controll the Commerce of this Settlement as his Caprice may dictate to him, and by thus Assuming a Paramount Authority to me to oppress the Merchants and bring disrespect on my Government. to control commerce. The little Vessel, Governor Macquarie, was only Manned by ten British Sailors and some two or three Otaheitans who were embracing that opportunity to return to their native Country. Out of these ten Captain Case has impressed Six Men including One of the Mates. These Proceedings which might well warrant much more forcible measures than any I have yet resorted to towards Captain Case, were I not anxious to avoid that kind of rupture as long as possible, lead me to Solicit Your Lordship to recommend to the Lords of the Admiralty to call Captain Case to a Public Account* for his tyrannical and oppressive Conduct to Individuals and his insolent opposition to my Government. Permit me also to found thereon a further request that Your Lordship will move the Lords Commissioners of the Admiralty to give express instructions to the Commanders of such Ships of War as may hereafter occasionally touch here not to interfere with the Trade of the Colony, nor to impress Men either afloat or on shore. When it is considered that the great Mass of the Population is made up of Convicts, and that the impressing of such men is at direct variance with the Object of their transportation, I trust Your Lordship will see the propriety of restraining the Impress Service being resorted to in New South Wales. I have, &c., L. MACQUARIE. [Enclosure No. 1.] Deposition of seizure of the DEPOSITION OF ROBERT CAMPBELL. New South Wales. The Information of Robert Campbell of Sydney, Gentleman, taken upon Oath this Eighth day of August in the Year of Our Lord 1813, before me, Ellis Bent, Esquire, Judge Advocate * Note 11. and one of His Majesty's Justices Assigned to keep the Peace within the Territory of New South Wales. 1813. 14 Aug. Deposition of Governor Who, being first duly Sworn, Saith that this Morning about Campbell re ten O'Clock he, this Informant being Assistant Naval Officer seizure of the of this Territory, according to his duty in that behalf went on Macquarie. board the Brig Governor Macquarie, a Vessel belonging to the Port of Sydney then lying in Sydney Cove, for the purpose of Clearing out the Said Vessel. That pursuant to his Orders, the Said Vessel was Shortly after got under Weigh; And this Informant Saith that, afterwards and while this Informant, in further pursuance of his Duty, was mustering the Crew of the Said Vessel, he, this Informant, heard the report of two Musquets, And that while this Informant was Asking, who fired off the Said Musquets, he, this Informant, saw a person, in the Uniform of a Marine Standing on Shore upon the Middle Wharf, belonging to Messrs. Campbell and Co. at Sydney, in the Act of presenting his Musquet in the direction of the Said Vessel, and Actually fire Off the Same; And this Informant Saith that he, this Informant, Saw the ball fired from the Said Musquet pass through the Main Top Gallant Sail of the Said Vessel within One Yard of a Seaman, belonging to the Said Vessel then doing duty aloft; And this Informant further Saith that he, this Informant, hereupon directed one Robert Watson, one of the Pilots belonging to the Harbour of Port Jackson then on board the Said Vessel for the purpose of piloting her out of the Said Harbour, to heave the Said Vessel too, as soon as he could do so with Safety to the Said Vessel. That the said Robert Watson, Pilot, Accordingly hove the said Vessel too, and, Whilst he was so doing, Several Shots were fired from His Majesty's Sloop, the Samarang, as this informant is informed and verily believes. And the Deponent further Saith that Afterwards in about Ten minutes Lieutenant Butcher, A Midshipman, and Six Seamen, all belonging as this Informant Verily believes to His Majesty's Sloop Samarang, then and now lying in Sydney Cove, Whereof William Case, Esquire, is Commander, as this Informant is informed and believes, Came Armed on board the Said Brig Governor Macquarie; And this Informant further Saith that the Said Lieutenant Butcher said it was his Orders to detain the Said Brig, and to Send the Master of the Said Brig to Captain Case with his papers. And this Informant Saith that he told the Said Robert Watson to Anchor the Said Vessel; And this Informant saith that Robert Stewart Walker, the Master of the Said Brig, then replied that he had not any papers except the Register of the Said Brig, and that he could 1813. 14 Aug. Deposition of not take it out of his Vessel; that thereupon much Argument took place between the said Robert Stewart Walker, the Said Lieutenant Butcher, and Mr. Garnham Blaxcell, the Owner of the said Brig; during which, the Said Garnham Blaxcell asked this Informant whether he, this Informant, had any Authority to Stop the Said Brig, whereto this Informant Answered that he had no Such Authority but that he, this Informant, was authorized to Clear out the Said Vessel or Words to that Effect. And this Informant further Saith that hereupon the Said Garnham Blaxcell and Robert Stewart Walker desired the Said Robert Watson to get the Said Brig under Weigh Again. And this Informant Saith that the Said Lieutenant Butcher prevented the Said Robert Watson from so doing, And Ordered One of the Said Six Seamen, belonging to the Samarang, to take the Helm of the said Brig, which was Accordingly done by one of the Said Seamen; the Said Lieutenant Butcher at the same time ordering the Said Robert Watson to bring the Said Brig to an Anchor, which the said Robert Watson immediately did. And this Informant Saith that hereupon he left the Said Brig; and, as he was returning to Sydney, he, this Informant, met three Boats, Manned with Officers and Seamen, all Armed with Musquets and Cutlasses, and belonging, as this Informant verily believes, to His Majesty's Said Sloop the Samarang; and that this Informant was asked by a person, Whom he believes to be the Carpenter, belonging to the Samarang aforesaid then in one of the Boats, if this Informant had with him the Master of the Said Brig Governor Macquarie; That this Informant replied that he had not. And this Informant further Saith that the Said Lieutenant Butcher, while he was on board the said Brig, Said, in this Informant's presence and hearing, that he was Acting by the Orders of the Said William Case, and that if he did not obey these Orders he should probably lose his Commission, or Words to that Effect. And this Informant further Saith that the Said Brig hath been since brought up by three Boats, Manned by Men belonging to the Samarang, and is now Anchored Close to the Samarang. And this Informant further Saith that he hath been informed, and verily believes, that two of the Shots, so fired from the Said Sloop the Samarang, as aforesaid, Struck the Hull of the Said Brig, the Governor Macquarie. R. CAMPBELL, Ass. Naval Officer. Sworn at Sydney on the day and Year Aforesaid before me, Sir, [Enclosure No. 2.] GOVERNOR MACQUARIE TO CAPTAIN CASE. Head Quarters, Sydney, Sunday, 8th Augt., 1813, 4 OC. P.M. 1813. 14 Aug. Governor A representation having just been made to me, by Mr. Seizure of the Robert Campbell, the Assistant Naval Officer, that whilst in the Macquarie execution of his Duty this Morning on board the Colonial Brig reported by Campbell. "Governor Macquarie," then under weigh in the Harbour, proceeding on her intended Voyage to Otaheite agreeably to a regular Clearance, Several Shots were fired at her by a Marine or Marines belonging to His Majesty's Sloop of War Samarang under your Command, who were Stationed on a Wharf belonging to the premises of Messrs. Campbell and Co., and that one of those Shots passed thro' the rigging, close by a Sailor. Mr. Campbell has further represented that a Lieutenant, a Midshipman, and several Sailors belonging to H.M.S. Samarang afterwards boarded and took possession of said Colonial Vessel stating that they acted therein by Your authority. The consequence has been, as I am informed, that the Master of this Merchant Vessel has abandoned her to the Charge of the Lieutenant of the Samarang, who commanded the boarding party, and has come on Shore, leaving his Vessel in possession of that Officer. a report. As it is my indispensable duty to protect, not only the Lives Case to submit of His Majesty's Subjects under this Government, when exposed to such imminent risk as that now described, but also to secure the Shipping and Commercial Interests of the Colony from unnecessary obstructions and unwarrantable control, I must request your Co-operation to that effect, and that you will make me a written Report of all the Circumstances of this Case, so far as they may have come to your knowledge; for, I am unwilling to suppose that they arose from Your Instructions. I have further to request that you will give the necessary orders Marines to be for the Marine or Marines, who fired into the Brig Governor surrendered to Macquarie, to be immediately surrendered to the Civil Authority to answer for the temerity of their Conduct. I trust, Sir, that your sense of Duty will dictate to you, what it is incumbent on you to do in the investigation of this affair; and should these proceedings have taken place without your Authority, as I have presumed, that you will surrender all those concerned in it to the process of the Law. SER. I. VOL. VIII-E I have, &c., L. MACQUARIE, civil power. |